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Building Act 2004

Regulation of building practitioners - Licensing and disciplining of building practitioners - Powers and procedure of Board on disciplinary matters

322: Board may hear evidence for disciplinary matters

You could also call this:

“The Board can listen to and look at different kinds of information to help them make decisions about someone's behaviour.”

When dealing with a disciplinary matter, the Board can handle evidence in different ways to help them understand the issue better. They can accept any information that they think will be helpful, even if it wouldn’t normally be allowed in a court. The Board can also ask people to swear an oath before giving evidence, which means promising to tell the truth. If someone wants to, they can give their evidence in writing and then confirm it’s true. The Board can also get help from special advisers if they need expert knowledge on something.

It’s important to know that when the Board is hearing a disciplinary matter, it’s treated as a official legal proceeding. This means that the rules in sections 108 and 109 of the Crimes Act 1961 apply. These sections are about making sure people tell the truth and don’t try to mislead the Board.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308648.

Topics:
Crime and justice > Courts and legal help
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“The group making decisions must work on its own without outside help or influence.”

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“The Board can ask someone to come to a hearing and tell the truth or bring important things”

Part 4 Regulation of building practitioners
Licensing and disciplining of building practitioners: Powers and procedure of Board on disciplinary matters

322Board may hear evidence for disciplinary matters

  1. In relation to a disciplinary matter, the Board may—

  2. receive as evidence any statement, document, information, or matter that in its opinion may assist it to deal effectively with the subject of the disciplinary matter, whether or not it would be admissible in a court of law:
    1. receive evidence on oath (and for that purpose a member of the Board may administer an oath):
      1. permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath, statutory declaration, or otherwise:
        1. appoint any persons as special advisers to assist the Board (for example, to advise on technical evidence).

          1. A hearing before the Board on a disciplinary matter is a judicial proceeding for the purposes of sections 108 and 109 of the Crimes Act 1961.

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